Burk v. Serrill
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Delaware county: Of January Term 1876, No. 77. This was an action of covenant, commenced August 18th 1874, by William D. H. Serrill against Joseph E. Burk.
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Error to the Court of Common Pleas of Delaware county: Of January Term 1876, No. 77. This was an action of covenant, commenced August 18th 1874, by William D. H. Serrill against Joseph E. Burk. The covenant was as follows, viz.:— “ In consideration of the sum of fifty dollars this day received from William D. H. Serrill, I do hereby promise and agree for myself, my heirs, executors and administrators, to and with the said William D. H. Serrill, to grant and convey to him, his heirs and assigns, in fee simple, hy a good and sufficient deed, clear of all incumbrances, all that certain tract of…
1Opinion of the CourtJustice Gordon
These parties were before us in January 1874, as plaintiff and defendant in a bill in equity, brought by Serrill to compel Burk to execute a deed for the premises which were the subject of the agreement of July 1870, upon which agreement the present action is founded. We then determined, Justice Mercur delivering the opinion of the court, that the specific execution thereof could not be decreed against the vendor, unless the vendee should be willing to pay the full amount of the purchase-money and accept the deed without the execution thereof by the wife. The reason given by us for this…
2Cited by7 opinions
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- Potts v. Moran's ExecutorsCourt of Appeals of Kentucky (pre-1976) · 1930
- Hill v. JonesSupreme Court of Pennsylvania · 1893
- Huffman v. BradshawSuperior Court of Pennsylvania · 1901
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